Court : Punjab and Haryana
Reported in : AIR1996P& H30
..... in pursuance to the direction of the court dated 21-9-1994, the petitioner filed an additional affidavit stating therein that vide notifications dated 9-6-1992 and 18-12-1992 issued in accordance with the provisions of environment (protection) act and the rules framed thereunder, government of haryana has laid down that no stone crusher unit shall be permitted to operate inter alia within 1 kilometer from any village abadi or any area recorded as forest in the ..... the state of west bengal, air 1987 sc 1109, held as under (para 4, at pp. ..... to the petitioner which he wanted to sell to the various persons and he was compelling the deponent and other similarly situated persons to purchase the land and since it was refused by the deponent and other persons as there was no necessity for them and nor it was physically (sic) for them as they are carrying on the work and meeting out and ..... but this fear is totally unfounded and the argument based upon it is answered completely by the australian law reforms commission in the following words: 'the idle and whimsical plaintiff a dilettante who litigates for a lark, is spectre which haunts the legal literature not the court room (prof. k. e. ..... abadi deh has not been specifically defined either under the punjab revenue act or punjab village common land (regulation) actwhich are applicable to the state of haryana. ..... ' we wholly endorse these remarks of the australian law reforms commission. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H65
..... 'if our answer to this question be that the rights of a claimant with a verified claim will be governed by rule 30 of the displaced persons (compensation and rehabilitation) rules 1955, as it existed on the date of the application made by him for the transfer of the property in his occupation, then, we are of the view, that it would be indirectly reversing the decision of a full bench of this court reported as 69 punj lr 1 ..... on the partition of the country hindus sikhs and other non-muslims from west pakistan and east bengal were compelled to leave their hearths and homes, seeking shelter in free ..... in that case their lordships were dealing with the amendment of rule 19 of the displaced persons (compensation and rehabilitation) rules, 1955 and held that the modification of the original rule could not affect the right of a person to have his claim ascertained in accordance with the rules as they existed on the date of his application observing ..... in which dealing with the amendment of section 19 of the punjab security of land tenures act (10 of 1953) his lordship held that the subsequent change in the law could not affect the rights of the respondent- ..... by the sixth amendment of the displaced persons (compensation and rehabilitation) rules, 1955, rules 30 and 31 have been omitted rule 30, with which we are concerned in this case and which has been reproduced earlier, relates to the payment of compensation to a displaced person by allotment of acquired evacuee property which is in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H341
..... state of rajasthan (s) air 1955 sc 504, the validity of rajasthan land reforms and resumption of jagirs act, 1952, was questioned.resumption and acquisition were ..... were filed after section 17 was amended on 29th august 1951 has been found to be untenable, we are contraire dot hold that the objections on the grounds contained in section 17(1) of the act were not available to the custodian owing to the applicability of the rule of constructive res judicata.it was open to the custodian to have appealed against the order dated 19th august 1950 but that ..... decree, only by an application under section 47.in the same case it was laid down that for the purposes of determining the period of limitation for making such an application, article 166 of the limitation act would only apply when the sale was one which had under the law to be set aside, as for example, under order 21, rules 89, 90 and 91, civil procedure code, but that article had ..... ' or any other matter not enumerated in any other list'.such an entry is now to be found in list i--union list--of our constitution but as it did not exist in the government of indian act, resort could be had only to section 104 which authorised the governor-general to empower, by a public notification either legislature to enact a law with respect of any matter not enumerated in any of the lists. ..... sections 30, 36 and 38 of the bengal money-lenders act (10 of 1940) had been held to be invalid and ultra vires the provincial legislature by the federal .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H185
..... that was a case under the pepsu tenancy and agricultural lands act, 1955, and, as the definition of 'land' is the same, so the dictum of the learned ..... immediately to the form of reservation does not help the appellants, that the area of those four field numbers even though shown as 'gair mumkin johri-khud kasht-maqbuza malkan' is 'land' within the scope of section 2 (8) of the act as some of it was brought under cultivation even by the respondents-tenants, that the area of those field numbers was correctly shown as self-cultivation of the appellants, and that the ..... upon material not relevant, and in spite of the collector having proceeded to his decision on irrelevant considerations such as entry in the girdawari of kharif 1953 and motive of the appellants in not cultivating the land, and, lastly, in spite of the absence of any evidence to support the conclusion that the four field numbers were under the self-cultivation of the appellants, the commissioner came to the conclusion that ..... 'khud kasht' (self-cultivation) , with regard to those two field numbers is utterly meaningless, for, where the details of the crop are required to be given, no crop is shown there, and instead the land is shown to have remained lying vacant as unculturable pond.the entry in column 3 by itself has no meaning for it gains meaning only with reference to entries in subsequent columns showing crop sown for each harvest season whether ..... state of west bengal, (s) air 1957 cal 310, that a writ of mandamus was .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)113PLR471
..... , 1995 lacc 25 (s.c), the supreme court has reiterated that it is well settled that genuine and bona-fide sale transactions in respect of the land under acquisition or in its absence the bona-fide sale transactions proximate to the point of acquisition of the lands situated in the neighbourhood of the acquired lands, possessing similar value or utility taken place between a willing vendee and the willing vendor which could be expected to reflect the true value, as agreed between reasonable ..... area under anaj mandi and housing board colony was acquired on 29.12.1970 when notification under section 4 of the act was issued for acquiring a huge tract of land measuring 155 acres, 4 kanals and 6 marlas for establishment of a mandi township including residential and factory areas. ..... 939 of 1991 decided on 7.7.1995, on the basis of judgments in administrator general of west bengal v. ..... counsel for the appellants contended that no cut should be applied and if applied, it should be very minimum because the land acquired is adjacent to model town which is already a developed colony having all the facilities and amenities like roads, parks, sewerage, water and electricity lines etc. ..... 1313 of 1989 vide notification dated 21.1.1982 issued under section 4 of the land acquisition act (in short, the act), land was acquired for public purpose, i.e. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)113PLR407
..... , is a public limited company having its registered office at 11, clive row, calcutta (west bengal). ..... 495, this court has held that the petitioner who purchased property after initiation of the proceedings under the act could not be heard to say that he had spent money on the land and, therefore, equity should be settled in his favour.27. ..... are being decided by a common order because the main prayer made in all the petitions relates to a challenge to the legality of notifications dated 1.6.1976 and 16.2.1977 issued by the government of haryana under sections 4 and 6 of the lands acquisition act, 1894 (hereinafter referred to as 'the act') and the award dated 3.7.1981 passed by the land acquisition collector.2. ..... the petitioner has also challenged the transfer of land in favour of the haryana urban development authority by alleging that it is a company and no land could be acquired for a company without compliance of the procedure laid down in chapter-vii of the 1894 act. ..... under section 5-a of the act, the government issued notification dated 16.2.1977 under section 6 of the act for acquisition of the land. ..... 1975 sc 2190, their lordships of the supreme court were dealing with a case under the land acquisition act, 1894. ..... the petitioner says that during the pendency of the proceedings before the high court, it was revealed that the government of haryana issued notifications under sections 4 and 6 of the act for acquisition of the land. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1980P&H254
..... and within a time to be specified in such notice, and (b) should the owner refuse or should he fall to carry out the work within the time specified, the committee may by, written notice, require the owners of the land or buildings, fronting, adjoining or abutting upon such street or part thereof to carry out the work in such manner and within such time as may be specified in the notice, (2) if compliance with the terms of the notice ..... it has been contended that the acquisition proceedings in a given case, in the discretion of the committee, may be taken either under the former two acts or under the impugned provisions and thus arbitrary power vests in the committee so as in one case to acquire the land and give compensation at the market rate and in another case under the impugned provisions not to give any compensation to the extent of 25 per cent of the holdings of the citizen ..... had the limited meaning of actual transference of ownership and not the wide meaning of deprivation of any kind that has been given by this court in state of west bengal v. ..... , that inconsistency was removed on and from 27th april, 1955 by the constitution (fourth amendment) act, 1955. ..... was amended, by the constitution (amendment) act, 1955, by which the provisions of art. ..... constitutionality of the impugned act cannot, therefore, be challenged on or after 27th april, 1955. ..... and continued to be so inconsistent right up to the 27th april, 1955, and, therefore, under art. ..... of madhya pradesh, air 1955 sc 781. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)126PLR465
..... special land acquisition officer, poona, air 1988 supreme court 1652 administrator general of west bengal ..... following the above principle and for computation of fair and reasonable market value of the acquired land, it must also be noticed that the potential of the land and its surroundings having not been proved, and cogent evidence produced on record to prevent application of higher rate of ..... applying certain amount of conjectures, higher rate of deduction and setting off part thereof towards the increase in value of land on the basis of ex.p.4, i consider it just, fair and reasonable that claimants would be entitled to get compensation at the rate of ..... the appeals of the claimants are partly accepted to the extent that they would be entitled to the aforesaid rate of compensation for acquisition of their respective lands with statutory benefits under sections 23(1-a), 23(2) and 28 of the act and the appeals filed by the union territory chandigarh and dismissed. ..... ex.p.4 relates to acquisition of land vide notification under section 4 of the act dated 3.2.1978 while the present lands was acquired vide notification date ..... of slum dwellers, issued a notification under section 4 of the land acquisition act (hereinafter referred to as 'the act') on 10.12.1986. ..... furtherance thereto on 25.2.1987 the notification under section 6 of the act was issued. ..... claimants felt dissatisfied with the extent of amount of compensation awarded to them and they preferred references under section 18 of the act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H538
..... not authorised to issue the notices, nor to hold any enquiry, nor to give any award under section 11 of the act, as he was not a collector as defined in the act.admittedly, shri babu ram was not the collector of the district, nor did ho hold post of a deputy commissioner at the ..... west bengal ..... mohini thapar charitable trust the pepsu government issued a noti-fication under section 4 of the land acquisition act, as then in force in that state, declaring that lands measuring 250 acres and specified in the schedule were likely to be required for public purposes ..... consideration and thereafter vacancies will be filled by the trustees themselves from amongst eminent public men.the government agreed to provide about 250 acres of land free of cost to this institute, and further the government and the mohini thapar chi-ritable trust agreed to subscribe rs. ..... of 18-6-1955, whereby shri balwant singh was specifically appointed collector under section 3 of the act and similarly in 1956 three other officers were specifically so appointed.it follows that shri babu ram was never appointed to perform the functions of a collector hinder the land acquisition act. ..... taking the first ground, the petitioners' contention is that section 6(1) enables the government to acquire land for a public purpose or for a company while article 31(2) of the constitution prohibits acquisition of property for any purpose other than a public purpose, and article 31(2a), lays down that no property shall be acquired unless it .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H25
..... 16 of 1962 by which section 32-e of the pepsu tenancy and agricultural lands act, 1955, has been amended, we find that the legislature has itself provided in sub-section (2) of section 1 of the amending act (16 of 1962) that the amended section 32-e 'be deemed to have come into force on 30th day of october 1956. ..... by the state government for a public purpose and all rights, title and interest including the contingent interest, if any, recognised by any law, custom or usage for the time being in force of all persons in such land shall be extinguished, and such rights, title and interest shall vest in the state government free from encumbrances created by any person ; and(b) in the case of the surplus area of a tenant which is included within the ..... by the state government for a public purpose and all rights, title and interest (including the contingent interest, if any, recognised by any law, custom or usage for the time being in force) of all persons in such land shall be extinguished, and such rights, title and interest shall vest in the state government free from encumbrances created by any person; and(b) in the case of the surplus area of a tenant which is included within the ..... administrator-general of west bengal, air 1960 s c 936, besides some authorities of various high courts bearing on the question of interpretation of statutes. .....
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